Agenda and minutes

Licensing Sub-Committee - Tuesday, 11th January, 2022 11.00 am

Venue: Deal Town Hall - Deal Town Hall. View directions

Contact: Jemma Duffield, Democratic Services Officer  Email: democraticservices@dover.gov.uk

Items
No. Item

32.

Apologies for Absence

To receive any apologies for absence.

Minutes:

An apology for absence was received from Councillor M Bates.

33.

Appointment of Substitute Members

To note appointment of Substitute Members.

Minutes:

It was noted that, in accordance with Council Procedure Rule 4, Councillor K Mills was in attendance as substitute for Councillor M Bates.

34.

Declarations of Interest

To receive any declarations of interest from Members in respect of business to be transacted on the agenda.

Minutes:

There were no declarations of interest made by Members.

35.

Licensing Act 2003 - Application for the Grant of a Premises Licence in respect of Biggin Off Licence, 52 Biggin Street, Dover

The Sub-Committee is requested to determine the application.

 

The following papers are attached:

 

(i)         Licensing Manager's report.

(ii)        Appendix A – Application and additional information provided by the applicant.

(iii)       Appendix B – Map of the area where the premises is located.

(iv)       Appendix C – Copies of representations.

 

The procedure to be followed by the Sub-Committee is attached to this agenda.

Minutes:

The Sub-Committee considered an application for the grant of a Premises Licence for Biggin Off Licence, 52 Biggin Street, Dover for the following

 

Supply of Alcohol (for consumption OFF the premises)

 

Sunday – Thursday

08:00 – 23:00 hrs

Friday – Saturday

08:00 – 02:00 hrs

 

On the basis of the representations of the applicant, their representative and the Responsible Authorities, the Sub-Committee found the following facts to be established:

 

(i)               The application for Biggin Off Licence was for the grant of a premises licence for the supply of alcohol off the premises, from 08:00 hrs to 23:00 hrs on Sunday to Thursday and 08:00 hrs to 02:00 hrs on Friday and Saturday. The premises was a general convenience store and off licence in Dover town centre.

 

(ii)             Two representations objecting to the application were received from the Responsible Authorities, Kent Police and Trading Standards. Kent Police cited all four licensing objectives as being undermined in their representation and said the premises was a source of crime and disorder and public nuisance within the night-time economy. Trading Standards made their representation under the Prevention of Crime and Disorder.

 

(iii)            To help understand who was responsible at the premises when the incidents took place that Kent Police and Trading Standards referred to in their representations, the Licensing Manager provided with the following details to assist:

 

·                 26 May 2021 – Biggin Off Licence Ltd granted a premises licence for Biggin Off Licence

·                 26 May 2021 – variation application received from Biggin Off Licence to increase the hours for alcohol sales

·                 31 August 2021 – variation application to increase the hours for alcohol sales and granted at hearing

·                 15 October 2021 – premises licence surrendered

·                 15 November 2021 – current application received

 

(iv)            Mr Mogtabapana told the Sub-Committee he had taken over the lease of Biggin Off Licence in August 2021 and took over the management of the premises in October 2021 although the exact dates could not be established. It was noted that this premises licence application was dated 10 November2021. The previous licence holder had surrendered the licence in October 2021.

 

(v)             The Licensing Enforcement Officer carried out an inspection of the premises on 15 October 2021 and found that whilst beers were in the fridge, they were covered over, and wines and spirits were in the storeroom.

 

(vi)            In their representation, Kent Police said the area where the premises was located was frequented by many at night who were visiting local night-time venues. Within the vicinity of the premises there were several pubs, eight off-licences within a 250-metre radius, and a bingo hall. The premises was in the town centre where there were often issues with drunkenness and rowdy behaviour at night that led to fights aggravated by alcohol. Because of these issues they were opposed to the premises being open until 02:00 hrs in what was also a residential area. They had additional concerns regarding the operating of the business and how the applicant would ensure the conditions on licence  ...  view the full minutes text for item 35.

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